Local zoning · Buellton

Buellton — Nonconforming Uses

Nonconforming Uses under the Buellton local zoning and planning code, with the controlling citations.

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Last reviewed: July 1, 2026

Overview

Buellton’s zoning ordinance in Title 19 sets out how legally established uses, structures, or lots that no longer meet current standards may continue, change, or terminate. The code’s aim is to discourage the long-term continuance of nonconformities while allowing limited continuation under clear guardrails, with special procedures that can order termination in defined cases and a separate amortization track for adult-oriented businesses . This page focuses on what Buellton’s zoning ordinance says about nonconforming uses, structures, and lots.

What counts as “nonconforming” in Buellton

  • The code recognizes three flavors: a nonconforming use, a nonconforming structure, and a nonconforming lot. Each was lawful when established but fails to meet today’s district rules for use, setbacks, height, coverage, or lot dimensions .
  • The ordinance is not retroactive—existing lawful uses can often continue—but alteration, expansion, or modification triggers current standards, subject to the nonconforming rules in § 19.10.200 .

Core rules — Nonconforming uses, structures, and lots

  • Nonconforming uses of land/buildings
    • No structural enlargement, move, or reconstruction unless the use is changed to a conforming use. Accessory buildings to nonconforming uses can’t be newly erected or enlarged unless accessory to a conforming use .
    • Extension is limited to within the existing building; no expansion outside the building or to greater site area than when the use became nonconforming .
    • Change of use is allowed only to a conforming use .
    • Discontinuance: 12 consecutive months of non-use is prima facie abandonment; any resumed use must conform thereafter .
    • Disaster damage: if structures tied to a nonconforming non-residential use are damaged ≥75% of replacement cost, the nonconforming use must cease unless the Zoning Administrator finds hardship outweighs neighborhood impact; <75% may be restored to same or lesser size if reconstruction starts within 12 months and is diligently completed. Nonconforming residential dwelling uses (outside industrial zones) may be reconstructed to the same or smaller size and general footprint if commenced within 12 months; no enlargement/intensification allowed .
  • Nonconforming structures (use is conforming but a dimensional standard isn’t)
    • May remain if otherwise lawful. Enlargements/moves/alterations are allowed only if the new parts comply with current setbacks, height, lot coverage, parking, etc. No extension of living space into accessory buildings that sit in required yards .
    • Disaster damage: if a non-residential nonconforming structure is ≤75% damaged, it may be rebuilt to the same or smaller size on the same site if work starts within 12 months; if >75% damaged, restoration needs an administrative hardship finding; if not started within 12 months, reconstruction must fully conform. Residential-dwelling nonconforming structures (outside industrial zones) have a parallel right to reconstruct to the same or smaller size/footprint within 12 months, without intensification .
  • Nonconforming lots
    • Defined, but detailed build-on rules for nonconforming lots were not located in the retrieved sections. Not found in retrieved materials .

City-initiated termination of nonconforming uses

  • The City Council may order termination, after a noticed public hearing, if: (1) improvements could be used for conforming uses without impairing constitutional rights; or (2) improvements can be altered to conform without impairing such rights; or (3) except cemeteries, the use is detrimental to public health/safety or a public nuisance .
  • Procedure includes 15-day published/mailed notice; open hearing with evidentiary rights; and a written decision with findings within 30 days after close of hearing. The decision must set a reasonable termination timeline; continued operation beyond that is a violation of the zoning title .

Special rule — Adult-oriented businesses

  • Adult-oriented businesses that become nonconforming are subject to a three-year amortization period. The owner may seek an extension based on factors including investment, relocation feasibility/costs, remaining lease term, and useful life of improvements; appeals go to the City Council .
  • Application, notice, and hearing procedures are detailed in Chapter 19.14, including required submittals and findings for any extension; decisions are subject to the expedited judicial review provisions cited in the code .

Nonconforming decisions at a glance

Decision point What the code says Code Reference
May I enlarge a building with a nonconforming use inside? No structural enlargement/move/reconstruction unless converting to a conforming use. Limited extension within the existing building envelope only. § 19.10.200(A)(1)–(2)
Can a nonconforming use change to another nonconforming use? No. Only to a conforming use. § 19.10.200(A)(3)
What if the nonconforming use stops for a year? Twelve months’ discontinuance is prima facie abandonment; future use must conform. § 19.10.200(A)(4)
Disaster-damaged nonconforming non-residential use (≥75%) Use must cease unless the Zoning Administrator makes a hardship-over-impact finding; <75% may restore if started within 12 months; no intensification. § 19.10.200(A)(5)(a)
Disaster-damaged nonconforming residential dwelling (outside M zone) May reconstruct to same or lesser size/general footprint if started within 12 months; no enlargement/intensification. § 19.10.200(A)(5)(b)
Enlarging a nonconforming structure (use conforms; setback/height doesn’t) Allowed only if the enlargement itself meets all current dimensional standards. No extending living space into an accessory building in required yards. § 19.10.200(B)(1)
Damaged nonconforming structure — rebuild clock Reconstruction must commence within 12 months or the rebuild must fully conform to current code. § 19.10.200(B)(2)(b)
City termination of a nonconforming use Council may terminate after hearing based on listed findings; 15-day notice; decision within 30 days of close of hearing; violation if continued beyond the set deadline. § 19.10.200(C)–(E)
Adult-oriented business amortization Three-year amortization; potential extension on specified findings; appeal allowed. § 19.14.030–.032, .028

Why districts still matter for a nonconformity

Whether a use can continue, rebuild, or expand often turns on what is allowed in the base district and what today’s dimensional standards require. The first step is to identify your site’s base zone on the City map under Land Use and apply the current development standards to any proposed change.

Below is a district-by-district snapshot to help you read today’s standards against an existing nonconformity.

RS — Residential Single-Family

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: Single dwelling per lot; see the residential allowed use table in § 19.02.110 (Not found in retrieved materials).
  • Key dimensional standards: Front setback 20 ft, side 10% of lot width (5 ft min., 10 ft max required), rear 25 ft (15 ft if abutting access-denied street), height 30–35 ft depending on lot size; see parking standards in § 19.04.140 .
  • Where it applies: Wherever the zoning map shows RS. Verify with the jurisdiction.

RM — Residential Multifamily

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: Multifamily dwellings; see § 19.02.110 (Not found in retrieved materials).
  • Key dimensional standards: Minimum lot 10,000 sq ft, rear 10 ft, height 35 ft, 40% open space, 30% site coverage for dwellings; parking per § 19.04.140 .
  • Where it applies: RM-mapped properties. Verify with the jurisdiction.

PRD — Planned Residential Development

  • Purpose: Established via rezoning with findings and a development plan; PRD density is per the General Plan and clustered design is emphasized in the PRD chapter .
  • Typical permitted uses: Per § 19.02.110; approved via development plan in tandem with rezoning .
  • Key dimensional standards: Determined through development plan; general residential standards in § 19.02.120(A) also apply where specified .
  • Where it applies: Sites rezoned PRD by the City Council with findings and a development plan approval .

MHP — Mobilehome Park

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: Mobilehome parks; see § 19.02.110 (Not found in retrieved materials).
  • Key dimensional standards: Max 7 mobilehomes per gross acre, other standards referenced in § 19.06.120; height 25 ft .
  • Where it applies: MHP-mapped properties. Verify with the jurisdiction.

CN — Neighborhood Commercial

  • Purpose: Neighborhood-serving retail and services with small tenant spaces up to 5,000 sq ft; consistent with the Neighborhood Commercial GP designation .
  • Typical permitted uses: Small grocery, drug store, barber, laundromat, video rental per description; detailed allowed uses and permits in § 19.02.210 .
  • Key dimensional standards: Front setback 10 ft (general standards); rear/side vary and may be none unless adjacent to residential per the general commercial/industrial table; height 35 ft; site coverage 40%; see parking § 19.04.140 and landscaping § 19.04.120. Note: dimensional nuances for CN also appear in mixed-use tables; confirm current applicability with staff .
  • Where it applies: CN-mapped areas; some Avenue of Flags sites may qualify for a variable height up to 45 ft via development plan approval .

CR — General Commercial

  • Purpose: Community-serving retail, shops, and offices; consistent with General Commercial GP designation .
  • Typical permitted uses: As identified in § 19.02.210 tables (A/MUP/CUP/DP) .
  • Key dimensional standards: Generally no minimum front setback (if none proposed, then minimums in § 19.02.220 apply), rear 10% of lot depth to 10 ft min.; 25–50 ft when adjacent to residential; no height maximum shown in table beyond general exceptions for CR; see parking and landscaping references in § 19.04.140 and § 19.04.120. Avenue of Flags frontage can allow up to 45 ft with a development plan .
  • Where it applies: CR-mapped corridors including Avenue of Flags segments .

CS — Service Commercial

  • Purpose: Heavier commercial uses with outdoor activity or large products; ensure compatibility with neighbors .
  • Typical permitted uses: Wholesale, lumber, appliance sales and similar, with specific approvals per § 19.02.210; performance standards apply .
  • Key dimensional standards: Front 10 ft, height 40 ft, other setbacks per § 19.02.220; parking and landscaping per § 19.04.140 and § 19.04.120 .
  • Where it applies: CS-mapped sites citywide. Verify with the jurisdiction.

M — Industrial/Manufacturing

  • Purpose: Light industrial/manufacturing, with protective performance standards for nearby uses .
  • Typical permitted uses: Industrial uses per § 19.02.210 tables; performance standards for noise, odors, smoke, vibration apply in § 19.02.220(D) .
  • Key dimensional standards: Front 20 ft, rear 50 ft when adjacent to residential, height 45 ft, others per § 19.02.220; parking and landscaping per § 19.04.140 and § 19.04.120 .
  • Where it applies: M-mapped industrial areas. Verify with the jurisdiction.

Notes:

  • Setback measurement/exceptions (including MUP-based rear/side reductions to zero in CR/CS/M) are in § 19.04.160; reductions require findings and a Minor Use Permit, a related discretionary pathway alongside variances and exceptions .
  • Nonconforming signs are separately regulated; discretionary applications can trigger a requirement to bring signs into conformance with the signage title (limited exceptions) .
  • Where mixed-use is proposed, the mixed-use chapter applies but still defers to base-zone standards; design review may be required—see Design Review .

Checklist

  • Confirm your site’s base zoning and any overlays/specific plans under Land Use and Overlay Districts. If a specific plan applies, its standards may supersede general ones. Verify with the jurisdiction.
  • Identify the nonconformity type: use, structure, or lot as defined by the code .
  • For nonconforming uses, test any proposal against the limits on structural change, extension, and change-of-use in § 19.10.200(A); if disaster repair is involved, document the damage percentage and start reconstruction within 12 months if eligible .
  • For nonconforming structures, ensure any new work fully meets current setbacks/height/coverage/parking of the base zone; refer to § 19.02.120 (residential) or § 19.02.220 (commercial/industrial), and to Development Standards for measurement rules in § 19.04.160 and Parking in § 19.04.140 .
  • If adjacent to residential or along Avenue of Flags, check any district-specific buffers or height flexibilities (e.g., CR/CN variable height with development plan) .
  • If the use is adult-oriented, calendar the three-year amortization and consider whether to request an extension with supporting evidence per § 19.14.032; note appeal rights per § 19.14.028 .
  • If a termination hearing is initiated, prepare for evidentiary hearing procedures and timelines in § 19.10.200(E) .

Risks & Ambiguities

Issue Why it matters What to verify
75% damage threshold Rebuild rights for nonconforming uses/structures pivot on this threshold and timing City’s replacement-cost determination, start date for 12-month clock, and whether an administrative hardship finding is warranted under § 19.10.200(A)(5), (B)(2)
12-month abandonment Non-use for a year can forfeit continuation rights Document continuous operations; any period of full discontinuance may reset rights under § 19.10.200(A)(4)
“Structural alteration” vs. maintenance Some work is allowed only if required by law; adding area can trigger loss of rights Scope of work; if driven by the California Building Standards Code requirement it may be allowed under § 19.10.200(A)(2); otherwise likely not
Setback reductions in CR/CS/M via MUP Dimensional relief can enable compliant expansions of nonconforming structures Eligibility and findings for rear/side yard reductions to zero under § 19.04.160(C)(2); confirm with staff
Avenue of Flags heights (CN/CR) Some sites can go to 45 ft with a development plan Whether the property fronts Avenue of Flags and qualifies under § 19.02.220(F); Design Review may apply
Adult-oriented business amortization Strict cessation deadlines apply; extensions are evidence-intensive Filing completeness and criteria for extension under § 19.14.032; appeal process under § 19.14.028
Nonconforming lots Build-on rules were not located in retrieved sections Not found in retrieved materials; Verify with the jurisdiction

Plain-English Summary

If your property is “grandfathered” because it doesn’t meet today’s rules, Buellton generally lets you keep using it but tightly limits expansion. You can’t add area to a nonconforming use, and you can only enlarge a nonconforming structure if the new portions meet current setbacks, height, and parking standards. If a nonconforming operation stops for a year, rights are presumed lost. After major damage, some rebuilds are allowed if you start within 12 months. In serious cases—and after a noticed hearing—the City Council can order a nonconforming use to wind down. Adult-oriented businesses follow a three-year amortization with a possible, evidence-based extension.

Source References

Information Gaps

  • Formal purpose statements for the RS, RM, and MHP districts: Not found in retrieved materials.
  • Detailed rules for building on a nonconforming lot: Not found in retrieved materials.
  • Complete residential allowed-use tables (§ 19.02.110): Not found in retrieved materials.

Sources

Retrieved passages

  • Buellton Zoning Code (section if) High relevance
  • Buellton Zoning Code High relevance
  • California Building Code (title shall) High relevance
  • Buellton Zoning Code (§ 5) High relevance
  • Buellton Zoning Code (title and) High relevance
  • CBC § 19.10.200 (§ 19.10.200.) High relevance
  • Buellton Zoning Code (section if) High relevance
  • Buellton Zoning Code (title or) High relevance
  • Buellton Zoning Code (§ 19.18.016.) Medium relevance
  • Buellton Zoning Code (§ 19.10.200) Medium relevance
  • Buellton Zoning Code (§ 66314) Medium relevance
  • Buellton Zoning Code (§ 66333) Medium relevance
  • CBC § 66314 (§ 66314) Medium relevance
  • CBC § 022 Medium relevance
  • CBC § 160 Medium relevance
  • Buellton Zoning Code (§ 19.02.110) Medium relevance

Cited sections

Frequently asked questions

What is a nonconforming use in Buellton?

It’s a land use that was legal when established but is no longer allowed by the current zoning for its site. The code allows limited continuation but generally prohibits structural enlargement and only allows a change to a conforming use. After 12 months of discontinuance, the nonconforming use is presumed abandoned (§ 19.10.200(A)(1)–(4)) .

Can I expand a building that has a nonconforming use inside it?

No. You can’t enlarge, move, or reconstruct a building devoted to a nonconforming use unless you first change the use to a conforming one. You may extend the nonconforming use within the existing building only, with no expansion onto more land (§ 19.10.200(A)(1)–(2)) .

My structure encroaches into today’s setback. Can I add onto it?

You can add on only if the addition itself meets all current dimensional standards (setbacks, height, coverage, parking, etc.). The existing nonconforming portion can remain, but new work must comply (§ 19.10.200(B)(1)) .

What happens if a nonconforming building is damaged by fire or a storm?

If a nonconforming non-residential structure is damaged up to 75% of replacement cost, it may be rebuilt to the same or smaller size if work starts within 12 months. Over 75% damage requires a hardship finding to restore. Nonconforming residential dwellings (outside the industrial zone) may rebuild to the same or lesser size/footprint within 12 months, without intensification (§ 19.10.200(A)(5), (B)(2)) .

Can the City force a nonconforming use to stop?

Yes, after a noticed public hearing, the City Council can order termination if certain findings are made (e.g., the use is a nuisance or the building can feasibly be used/altered for conforming uses). There is a 15-day notice, an open evidentiary hearing, and a written decision within 30 days of close of hearing (§ 19.10.200(C)–(E)) .

How are adult-oriented businesses handled if they become nonconforming?

They’re subject to a three-year amortization period to wind down. Owners may apply for an extension by demonstrating factors like remaining investment value, lease term, and relocation feasibility. Appeals go to the City Council (§ 19.14.030–.032, .028) .

Do setback reductions exist that could help a conforming use in a tight CR/CS/M site?

Possibly. In CR, CS, and M zones, rear/side setbacks may be reduced to zero with a Minor Use Permit if specific findings are made (§ 19.04.160(C)(2)). This does not authorize expanding a nonconforming use, but it can help new work comply with today’s standards .

What are the current residential setbacks I should plan around on an RS lot?

The RS district sets a 20 ft front setback, side at 10% of lot width (5 ft min., 10 ft max required), and 25 ft rear (15 ft if rear abuts an access-denied street); height is 30–35 ft depending on lot size (§ 19.02.120) .

Where do I find today’s commercial/industrial standards to compare against my older building?

Use § 19.02.220 for CN/CR/CS/M front/side/rear/height/site coverage and related references to Parking and Landscaping and Screening. Avenue of Flags properties in CN/CR may be eligible for up to 45 ft height via development plan (§ 19.02.220, § 19.02.220(F)) .

Are there special rules for nonconforming signs when I apply for a new permit?

Yes. When you seek discretionary approvals on a site with nonconforming signs, those signs generally must be brought into conformance with the City’s sign title, with limited exceptions (§ 19.04.170) .

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